Property Distribution

All About Prenups: The Facts and The Misconceptions

June 4, 2025 | Kearns Rotolo Law

June is one of the three most popular months for weddings. While most couples spend months planning for their special day and their life beyond, there is one practical tool that frequently gets overlooked – the prenup.

Prenuptial agreements can be very sensitive matters. After all, no one wants to think about divorce when planning their wedding, making prenups the least romantic of all wedding planning topics. For some people, prenups are a consideration only for the wealthy, or worse, a sign of mistrust. Others view these agreements as a necessity for protecting each partner’s personal assets. Whatever your opinion, it’s helpful to fully understand the ins and outs of these contracts before deciding whether they make sense for you. To learn more about prenuptial agreements, common myths pertaining to these contracts, and how to broach this sensitive topic with your partner, read “The ultimate guide to prenuptial agreements: Benefits, myths and tips.”

Your Spouse Asks for a Divorce, Now What?

August 7, 2024 | Kearns Rotolo Law

Whether you saw it coming or not, once your spouse tells you they want a divorce, you’ll start to grapple with trying to understand what your future will look like. Your initial reaction may be to try and save your marriage but, if that fails, you’ll be left with a number of questions: How will I tell the kids? Where will I live? How will I support myself/my family?

No one can predict exactly what post-divorce life will look like, but there are steps you can take to protect your assets and ensure that you and your family have something to start with. To learn what some of the first steps you should take are, watch “7 Immediate Actions to Take When Your Spouse Requests a Divorce.”

Divorce: Strategies for De-Escalating Financial Conflicts

July 3, 2024 | Kearns Rotolo Law

Some of the biggest hurdles facing a divorcing couple, other than child custody issues, involve money matters. These fights can prove costly, both financially and emotionally. Long, drawn-out arguments over the distribution of assets or the terms of support obligations can extend proceedings and increase the overall cost of your divorce. Therefore, it can be in the best interests of both parties to resolve these issues as expeditiously as possible.

One way to de-escalate financial conflicts is to maintain open communications with your soon-to-be ex, if possible – be honest about your financial situation and expectations. If circumstances surrounding your divorce don’t allow for this open communication, there are other strategies you can explore to help keep your financial conflicts to a minimum. To learn more, read “7 Ways to Reduce Money Conflicts in Divorce.”

Social Media & Divorce – Why the Two Don’t Mix

March 1, 2024 | Kearns Rotolo Law

Some people find social media a great way to keep up to date with friends and family; others use it to vent their anger and frustrations. The immediacy of social media can be cathartic to some extent, but it can have its consequences especially when you are going through a divorce.

Whether you are sharing photos of your latest impulse purchase or complaining about your soon-to-be ex, what you – and your friends – post on social media can work against you in your divorce. How? Read “Divorce and the Power of Social Media” for more information.

When It Comes to Splitting Assets in A Divorce, More Is Not Necessarily Better

July 1, 2023 | Kearns Rotolo Law

Divorce is a highly emotional process, and it is safe to say couples sometimes let these emotions guide their decision making. There are certain aspects of divorce, however, that are better handled with a clear head, namely decisions affecting your children and your future finances.

One of the most contentious steps in a divorce is deciding on the distribution of assets. When you are making demands based on anger and hurt, it is nearly impossible to reach a fair and equitable agreement. But for your own long-term well-being, and possibly that of your children, now is the time to consider the implications that taking or giving up certain assets may have on your financial future. For an understanding of the different types of assets you may have, as well as their costs and associated taxes, read “What you need to know about splitting assets in a divorce.”

Fair Settlement or Financial Fraud? Know the Signs

July 1, 2022 | Kearns Rotolo Law

Whether negotiating a divorce settlement in your lawyer’s office or going through divorce proceedings in court, arriving at a fair financial arrangement can be difficult. That’s largely because there are so many variables to consider when putting a value on what each spouse contributed to the marriage, which can lead to conflicting opinions as to what each spouse is entitled to.

Still there is a difference between feeling you were treated unfairly in your divorce and being a victim of financial fraud. How can you tell? A recent article in Forbes, “Red Flags of Financial Fraud in Divorce – And What To Do About Them,” highlights signs to watch for and what you can do to protect your interests.

Determining Who Gets the House in a Divorce

May 1, 2022 | Kearns Rotolo Law

In a divorce, the answer to the question of who gets the house may not be a simple one. Essentially there are two ways to approach this question: let the court decide or negotiate an amicable agreement with your ex.

If you and your ex cannot come to a mutually acceptable agreement, the court will rule on the division of property and other marital assets under the Equitable Division Law. This ruling considers several factors and is meant to result in a fair, although not necessarily equal, distribution of property. Couples who would prefer to avoid the court process and negotiate an agreement between themselves have several options to consider. To learn more, read “How Divorce Impacts Property Ownership.”

Divorce 101: First Things First

February 1, 2022 | Kearns Rotolo Law

There is a lot more involved to a divorce than two people simply going their own ways. Couples have an overwhelming number of decisions to make—how to divide their assets, where to live and, for parents, how to continue caring for their children, to name a few.

As difficult as it may be, cutting through the emotions and focusing on the logistics involved in the process one step at a time can help you better prepare for your post-divorce life. For a look at a step-by-step plan for your divorce, read “What To Do Before Filing For a Divorce.”

Looking Ahead Can Help You Avoid Some Common Financial Mistakes When Divorcing

December 1, 2021 | Kearns Rotolo Law

When going through a divorce, couples can let emotions drive their decision-making process, especially when it comes to such issues as divvying up their assets. The more contentious the divorce, the more likely the scenario of a spouse fighting for assets simply to keep them out of the hands of their soon-to-be-ex.

Cutting through the emotions associated with divorce and looking ahead at the realities of their financial situation can help couples avoid long-term mistakes. To learn about some of the more common financial mistakes divorcing couples make read, “5 Money Mistakes to Avoid When Going Through a Divorce.”

Property Division: Determining What’s Yours, Mine & Ours

November 1, 2021 | Kearns Rotolo Law

When building a life together as husband and wife you will, no doubt, accumulate a lot of stuff. Normally, this isn’t a problem unless your marriage ends in divorce. At that point, you will be faced with the difficult, and sometimes contentious, task of dividing up your assets.

Some couples are lucky enough to reach settlement agreements on their own terms; others require the court to intercede. That is when property distribution becomes more complicated than simply deciding who wants a particular asset more. Understanding the legal definition of separate and community or martial property, as well as knowing which property ownership system your state observes, can help you better understand what to expect should you need to go to court. To learn more read, “How to Split Marital Assets During Divorce.”